What are my rights if my employer secretly hires someone else whileI amout under on workers comp?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my rights if my employer secretly hires someone else whileI amout under on workers comp?

I am under workers comp. I got hurt a couple of months ago and for the first 3 weeks I continued to work until my light duty restrictions become too much. Today I was called and asked to surrender my keys although they keep telling me its nothing. Is there such a thing as wrongful termination if Iget better but I no longer have a job? I found out through other employees today that they hired someone else for my spot.

Asked on October 7, 2010 under Employment Labor Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to speak with an employment law attorney, since situations like this need to be evaluated on their specific circumstances. As some general rules:

1) If you are disabled, you cannot be fired simply because of your disability IF the employer could make some reasonable accomodation--such as by modifying your duties in a way that still lets you do a "real" job that's within your competence. However, if even with reasonable accomodations, you can't do the work, then the employer may be able to terminate you--they are not obligated to retain someone who simply can't work.

2) You can't be fired as retaliation for having filed a worker's comp claim or for receiving worker's comp.

3) Notwithstanding a disability or worker's comp, you could be fired for other valid reasons, such as insubordination, unexcused absenteeism, performance issues not related to the disability, theft (including "theft of time"--e.g. being found not working while on the clock).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption